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In the age of American mass incarceration, a complex legal regime governs prison conditions and presents a host of controversial questions at the intersection of constitutional liberty, statutory interpretation, administrative regulation, and public policy. This is a completely overhauled, re-titled, and much-expanded version of the leading casebook about incarceration. It addresses both pretrial and post-conviction incarceration, presenting Supreme Court and leading lower court case law, statutes, litigation materials, professional standards, academic commentary, and prisoner writing. Topics include conditions of confinement, civil liberties, particular prisoner populations and relevant legal issues (race and national origin discrimination, the particular issues/law governing treatment of incarcerated women, LGBTQ people, and people with disabilities). Litigated remedies (injunctive litigation, damages, the Prison Litigation Reform Act, and criminal prosecution of prison staff), are also covered in detail, as is non-litigation oversight. The casebook is supplemented by an open-access website that offers additional resources and sources for further reading.
Drawing on a range of research and media sources to provide an international perspective on the topic of prison violence, this book focuses on the impact of such violence on the individual both while he or she is incarcerated and upon his or her release from prison, as well as on society as a whole. With a special emphasis on comparisons of violence among incarcerated populations in the United States, Canada and the United Kingdom, Prison Violence: Causes, Consequences and Solutions explores the various systems that exist to combat the problem, whilst also considering public perceptions of offenders and punishment, as influenced by media and coverage of high-profile cases. Providing a comprehensive analysis of prison violence on national and international levels, this book examines the extent of the problem, theoretical understandings of the issue and concrete solutions designed to prevent and handle such violence. As such, it will be of interest to policy makers as well as scholars of sociology, criminology and penology.
This book offers a comprehensive outline of the legal rights and duties of prisoners. It sets out the law on such matters as discipline, visits, letters, release and conditions of imprisonment.
Now in its third edition, Prison Law is the leading text in its field. It offers comprehensive coverage of the law and the remedies available to prisoners, including complaints procedures, civil claims, judicial review, and claims under the Human Rights Act. Both domestic and internationalavenues of redress are explained in detail. The book covers all aspects of prison life, from categorization and allocation, to living conditions, access to the outside world, transfer and repatriation, discipline, and the procedures governing the release of fixed term prisoners and those servinglife sentences.The book offers fully up to date coverage of relevant domestic decisions under the Human Rights Act, as well as the caselaw of the European Court of Human Rights. The Prison Rules 1999 are explained and analysed, as are the far-reaching decisions of the European Court of Human Rights on themandatory life sentence and the prison discipline system. It concludes with a new section reviewing current trends in penal practice. Critical analysis and historical perspective are combined with up to date and practical guidance to provide a book which will be invaluable to both practitioners andacademics.
With a new afterword from the authors, the critically praised indictment of widely embraced “alternatives to incarceration” Electronic monitoring. Locked-down drug treatment centers. House arrest. Mandated psychiatric treatment. Data driven surveillance. Extended probation. These are some of the key alternatives held up as cost effective substitutes for jails and prisons. But in a searing, “cogent critique” (Library Journal), Maya Schenwar and Victoria Law reveal that many of these so-called reforms actually weave in new strands of punishment and control, bringing new populations who would not otherwise have been subject to imprisonment under physical control by the state. Whether readers are seasoned abolitionists or are newly interested in sensible alternatives to retrograde policing and criminal justice policies and approaches, this highly praised book offers “a wealth of critical insights” that will help readers “tread carefully through the dizzying terrain of a world turned upside down” and “make sense of what should take the place of mass incarceration” (The Brooklyn Rail). With a foreword by Michelle Alexander, Prison by Any Other Name exposes how a kinder narrative of reform is effectively obscuring an agenda of social control, challenging us to question the ways we replicate the status quo when pursuing change, and offering a bolder vision for truly alternative justice practices.
NATIONAL BESTSELLER A powerful, in-depth look at the imprisonment of immigrants, addressing the intersection of immigration and the criminal justice system, with a new epilogue by the author “Argues compellingly that immigrant advocates shouldn’t content themselves with debates about how many thousands of immigrants to lock up, or other minor tweaks.” —Gus Bova, Texas Observer For most of America’s history, we simply did not lock people up for migrating here. Yet over the last thirty years, the federal and state governments have increasingly tapped their powers to incarcerate people accused of violating immigration laws. Migrating to Prison takes a hard look at the immigration prison system’s origins, how it currently operates, and why. A leading voice for immigration reform, César Cuauhtémoc García Hernández explores the emergence of immigration imprisonment in the mid-1980s and looks at both the outsized presence of private prisons and how those on the political right continue, disingenuously, to link immigration imprisonment with national security risks and threats to the rule of law. Now with an epilogue that brings it into the Biden administration, Migrating to Prison is an urgent call for the abolition of immigration prisons and a radical reimagining of who belongs in the United States.
Many people think prisons are all the same-rows of cells filled with violent men who officials rule with an iron fist. Yet, life behind bars varies in incredible ways. In some facilities, prison officials govern with care and attention to prisoners' needs. In others, officials have remarkably little influence on the everyday life of prisoners, sometimes not even providing necessities like food and clean water. Why does prison social order around the world look so remarkably different? In The Puzzle of Prison Order, David Skarbek develops a theory of why prisons and prison life vary so much. He finds that how they're governed-sometimes by the state, and sometimes by the prisoners-matters the most. He investigates life in a wide array of prisons-in Brazil, Bolivia, Norway, a prisoner of war camp, England and Wales, women's prisons in California, and a gay and transgender housing unit in the Los Angeles County Jail-to understand the hierarchy of life on the inside. Drawing on economics and a vast empirical literature on legal systems, Skarbek offers a framework to not only understand why life on the inside varies in such fascinating and novel ways, but also how social order evolves and takes root behind bars.
The second edition of A Country Called Prison discusses how mass incarceration has led to a population of individuals inside the United States who have become legal aliens in their own land, and addresses the consequences. Besides discussing the evolution of the problem, it poses practical solutions to correct the path on which this country is set.